Trademark infringement can be a tricky area to deal with, especially if you aren’t sure what you are doing, or what you did wrong. Infringing on another businesses trademarks can also be costly for your business, as you could end up having to pay damages or a fee to the other business. There are a lot of different trademarks you could infringe on, like company name trademark infringement for example.
Therefore, it is very important that you understand more about what a trademark infringement is and how to best avoid this. You also don’t want to do all this branding research and design your logo and other things like that, only to find out once you have finished that you are infringing on another companies trademark, all that hard work down the drain!
So, have a read on below for more information about how to best avoid trademark infringement:
Search For Trademarks
Before you get too deep into the business branding/marketing, it is important you take a step back and search for trademarks. By searching for trademarks, you will get a better idea of what’s out there, and what you can and can’t do. It is important for you to establish if the trademark you are looking to register is actually available.
If you can find this out as early as possible, then you will have the ability to use your find much more effectively. In Australia there is a very simple process to search for trademarks online, all you have to do is go to IP Australia and search in their Australian Trade Marks Online Search System.
This is a complete database that will provide information on both trademarks that are registered as well as those trademarks that are pending. A quick search here will provide clarity on if your business name or logo you want to move forward with is already in use. This is a very effective first step in avoiding company name trademark infringement.
Searching on IP Australia’s website is not that simple, this is because when you search for something you only get identical trademark results. The search doesn’t necessarily take into consideration different spellings and things like that. So, this is something you need to consider and be aware of, when you are searching the database.
Speak With a Trademark Lawyer
Trademark infringements are a difficult area, and if you get it wrong, it could end up costing you a lot of money. Therefore, it could be a good idea to speak with a trademark lawyer before proceeding with any brand name, logos or anything like that.
A trademark lawyer will have lots of experience in this area and will have the ability to effectively guide you through the entire process the proper way, to ensure your business doesn’t face any infringement issues. They can also help you set up your own trademark application properly and help you if you think another business has infringed on your trademarks.
Once you have successfully gone through the entire process of registering your trademark, the work doesn’t stop there. It is important that your contact details attached to the trademark are always kept up to date on all registers, whether they are just in Australia or overseas as well.
Not only this, but you need to also ensure you are paying the renewals fees on time. All the information you keep on your trademarks need to be accurate and up to date. This is important because if any issues arise in the future, you have all the information on hand and can act quickly to resolve the problem.